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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of certain felony offenses to prosecuting |
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attorneys and to allegations regarding a peace officer's |
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retaliatory action taken because of that report. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.33 to read as follows: |
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Art. 2.33. REPORTING CRIMINAL OFFENSES TO PROSECUTING |
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ATTORNEYS. (a) A person with knowledge of the commission of a |
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felony offense other than a state jail felony under the laws of this |
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state may report the offense to any attorney who prosecutes |
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criminal cases on behalf of the state. |
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(b) Subject to Subsection (c), if a peace officer in this |
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state has not prepared a written report relating to the offense |
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reported under Subsection (a), the attorney shall investigate the |
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report under Subsection (a) and may refer the matter to: |
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(1) a law enforcement agency; or |
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(2) a court with jurisdiction over the offense. |
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(c) An attorney to whom a report of the commission of an |
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offense is made under Subsection (a) is required to investigate the |
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report only if the person making the report demonstrates that: |
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(1) the person previously reported the offense to law |
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enforcement more than one year before the date of the report under |
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Subsection (a); and |
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(2) following the report to law enforcement under |
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Subdivision (1), the person diligently cooperated with law |
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enforcement in investigating the offense for a period of not less |
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than one year. |
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SECTION 2. Section 411.0207, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c-1) to read as |
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follows: |
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(a) In this section: |
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(1) "Organized [, "organized] criminal activity" |
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means conduct that constitutes an offense under Section 71.02, |
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Penal Code. |
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(2) "Retaliatory action" incudes the filing of |
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criminal charges, the seizure of property, or the arrest or search |
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of an individual without probable cause. |
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(c-1) The unit may investigate an allegation of a |
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retaliatory action taken by an individual elected, appointed, or |
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employed as a peace officer for a governmental entity against a |
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person because the person made a report under Article 2.33(a), Code |
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of Criminal Procedure. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |